Study On Questions About The Validity Of Arbitration Terms In Bill Of Lading

Bill of lading is one of the most applicative documents in international carriage of goods by sea, B/L arbitration clause is an important clause in B/L.B/L arbitration clause has its own character comparing with common arbitration clause, making its validity a complicated issue. How to affirm the B/L arbitration clause validity issue is also an issue which is needed to solve in international admiralty law practice. However, domestic arbitration law research does not focus enough on B/L arbitration clause, and maritime law research does not shape a systematic and comprehensive knowledge. Thus, research on this issue is both theoretically and practically meaningful and important. This thesis, based on a collection relative laws and regulations, combining with the basic theories of international private law, maritime law and arbitration law, systematically and profoundly discusses the law validity issue of B/L arbitration clause, and offer suggestion on relative legislation and judicature.The basic structure and content are as below:The introduction briefly introduces present research on B/L arbitration clause validity issue, its research state and goal, and takes the ideas, classifications and characters of the B/L arbitration clause as bedding to prove the necessity and urgency to research on the issue, and leads to the standpoint of this thesis.The first chapter addresses the common problem on B/L arbitration clause validity. this chapter mainly discusses the law validity of B/L arbitration clause, essential elements of the validity and validity confirmation, among which the validity issue of B/L holder is the focus of this chapter.The second chapter discusses several B/L arbitration clause validity in special occasions, introduces and analyses the common problems in special occasion through theoretical qualitative research and practical case study.The third chapter deals with the validity issue of substantial content of charter-party arbitration clause, and introduce the idea of substantial content of charter-party arbitration clause, and analyzes the international legislation and practice, and domestic standard, which is concluded from relative case standardization issued from The Supreme People’s court.The fourth chapter is mainly focus on the legislative practice on B/L arbitration clause validity and suggestion on improving and perfecting domestic legislation. Through profound consideration on relative problem in legislation and judicature practice, and through integrating the present state, find out the disadvantages and shortcomings of china from the B/L arbitration clause validity issue, and offers legislative suggestion, which is the ultimate meaning and goal of this thesis.